NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOHN KLAR, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent

DEPARTMENT OF DEFENSE, Intervenor ______________________

2019-1108 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-1221-18-0590-W-1. ______________________

JUDGMENT ______________________

MICHAEL LEE VOGELSANG, JR., The Employment Law Group, PC, Washington, DC, argued for petitioner.

CALVIN M. MORROW, Office of General Counsel, Merit Systems Protection Board, Washington, DC, argued for re- spondent. Also represented by KATHERINE MICHELLE SMITH, TRISTAN LEAVITT. TANYA KOENIG, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, argued for intervenor. Also represented by JOSEPH H. HUNT, ALLISON KIDD-MILLER, ROBERT EDWARD KIRSCHMAN, JR. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, PLAGER, and TARANTO, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 7, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court